Draft Regulations on Federal Voucher Program Fail to Protect IDEA Rights

On Thursday, the U.S. Treasury Department issued proposed regulations for the federal education voucher program, which will take effect in 2027. The program allows taxpayers to divert up to $1700 of their federal tax liability to scholarship-granting organizations (SGOs), which can provide K-12 vouchers to children in families making up to 300% of the area median gross income. The proposed regulations fail to establish basic safeguards to protect students with disabilities and will leave them without access to critical services, supports, and legal protections afforded by federal law. In most cases, students with disabilities who use vouchers to attend private schools forfeit their Individuals with Disabilities Education Act (IDEA) and Section 504 rights. 

Compounding these concerns, the regulations prohibit states from implementing additional oversight, accountability, reporting, or civil rights protections, stymying states from mitigating these risks. CEC has consistently raised concerns about using public funds for private education because private schools do not need to follow federal accountability requirements, including IDEA and other disability laws. A 60-day comment period is now open to respond to the proposed regulations.

To view the proposal, go here.

To learn more about the impact of the federal voucher program on students with disabilities, go here.